Legislature(2019 - 2020)GRUENBERG 120

03/06/2019 01:30 PM JUDICIARY

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01:31:28 PM Start
01:32:07 PM Presentation: Ak Criminal Justice Commission
03:08:40 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ Presentation: AK Criminal Justice Commission TELECONFERENCED
History, Data, and Current Initiatives by
Susanne DiPietro, Exec. Dir., AK Judicial Council
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 6, 2019                                                                                          
                           1:31 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Chuck Kopp                                                                                                       
Representative Louise Stutes                                                                                                    
Representative Adam Wool                                                                                                        
Representative Laddie Shaw                                                                                                      
Representative David Eastman                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Zack Fields                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION: AK CRIMINAL JUSTICE COMMISSION                                                                                    
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SEAN CASE, Captain                                                                                                              
Anchorage Police Department                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the presentation on the                                                                 
Alaska Criminal Justice Commission.                                                                                             
                                                                                                                                
SUSANNE DIPIETRO, Executive Director                                                                                            
Alaska Judicial Council; Staff                                                                                                  
Alaska Criminal Justice Commission                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Gave a presentation on the Alaska Criminal                                                               
Justice Commission.                                                                                                             
                                                                                                                                
QUINLAN STEINER, Director                                                                                                       
Alaska Public Defender Agency                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified during  the presentation  on the                                                             
Alaska Criminal Justice Commission.                                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:31:28 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting  to order  at 1:31  p.m.   Representatives LeDoux,  Kopp,                                                               
Stutes, Wool, Shaw, Eastman, and  Claman were present at the call                                                               
to order.                                                                                                                       
                                                                                                                                
^Presentation: AK Criminal Justice Commission                                                                                   
          Presentation: AK Criminal Justice Commission                                                                      
                                                                                                                              
1:32:07 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the only order of  business would be                                                               
a presentation and invited testimony  from speakers who work with                                                               
or serve on the Alaska Criminal Justice Commission (ACJC).                                                                      
                                                                                                                                
1:33:10 PM                                                                                                                    
                                                                                                                                
SEAN  CASE,  Captain,  Anchorage  Police  Department,  introduced                                                               
three  "directions" he  intended  to cover  in his  presentation:                                                               
Increasing   present  resources,   adding   new  resources,   and                                                               
partnering with outside resources.                                                                                              
                                                                                                                                
1:33:43 PM                                                                                                                    
                                                                                                                                
CAPTAIN CASE discussed the  Anchorage Police Department's (APD)                                                                 
approach of concentrating resources to  combat vehicle theft.  He                                                               
reported a 66 percent decrease    from 340 to approximately 116 -                                                               
in the number  of stolen vehicles from February  2018 to February                                                               
2019.    He  said  APD's  effort  consisted  of  around-the-clock                                                               
investigations with its Detective  Division involved in 553 field                                                               
interviews.   This,  he said,  resulted in  1,263 total  charges.                                                               
Captain Case  cited this  effort as an  example of  APD expanding                                                               
the number of employees to investigate those types of crimes.                                                                   
                                                                                                                                
1:35:06 PM                                                                                                                    
                                                                                                                                
CAPTAIN  CASE  said  APD recently  began  utilizing  an  on-staff                                                               
clinical  social worker  in patrol,  specifically  to respond  to                                                               
mental  health calls.   He  reported  that in  February 2019  APD                                                               
transported  157 people  to hospitals  for mental  health-related                                                               
problems.   He said  further analysis revealed  only about  15 of                                                               
those calls required  hospitalization.  He said 137  of the calls                                                               
could have been  dealt with "in the field" with  a social worker.                                                               
He noted APD's  social worker goes into the field  three days per                                                               
week, three to four hours per  day.  He mentioned that the social                                                               
worker  spends the  rest  of her  time  reading through  relevant                                                               
police reports.                                                                                                                 
                                                                                                                                
1:36:18 PM                                                                                                                    
                                                                                                                                
CAPTAIN CASE  shared that  65 of  the 137  calls would  have been                                                               
best served  with "some  sort of  a stabilization  center" rather                                                               
than a  costly trip to  an emergency room.   He said the  rest of                                                               
the calls "could have been field  contacts ... and follow up with                                                               
our  social worker."    He relayed  that  services involving  the                                                               
social  worker  are  eligible  for   the  Section  1115  Medicaid                                                               
Expansion Waiver.                                                                                                               
                                                                                                                                
CAPTAIN CASE  called working with  a social worker  a cost-saving                                                               
method  that  results  in  a better  service  provided  to  "this                                                               
particular  population."     He  added  that   "this  population"                                                               
frequently uses emergency rooms and  is involved in a significant                                                               
number of  arrests resulting  in a  greater financial  burden for                                                               
Department  of Corrections  (DOC).   He called  this approach  to                                                               
policing  an example  of APD  partnering with  a new  resource to                                                               
achieve better results with "that population."                                                                                  
                                                                                                                                
1:37:41 PM                                                                                                                    
                                                                                                                                
CAPTAIN  CASE  introduced  the  idea  of  field  level  diversion                                                               
programs that divert  people out of the  criminal justice system.                                                               
He  said  over  the  past   six  weeks,  APD  has  diverted  four                                                               
individuals  arrested for  nonviolent misdemeanors  by partnering                                                               
with  "outside  pre-existing  agencies" that  serve  as  re-entry                                                               
resources.   He  explained that  the four  individuals have  been                                                               
housed,  given   access  to  Medicaid  and   transportation,  and                                                               
assisted   in  finding   employment.     He  reported   the  four                                                               
individuals  placed in  the diversion  program remain  in it  and                                                               
continue to  be successful.   He noted that the  diversion model,                                                               
though not  a significant  factor in reducing  crime in  the long                                                               
term, allows  APD to be  more efficient  as it provides  a better                                                               
method of  responding to repeat  offenders who require "a  lot of                                                               
attention from the criminal justice system."                                                                                    
                                                                                                                                
1:39:25 PM                                                                                                                    
                                                                                                                                
CAPTAIN CASE  summarized that  his objective  was not  to endorse                                                               
any specific  legislation, but  rather to  communicate "alternate                                                               
options" to improve  the current system.  He  reiterated that the                                                               
system could  work more efficiently with  increased resources and                                                               
more effectively by using outside  resources not often thought of                                                               
in a law enforcement context.                                                                                                   
                                                                                                                                
1:40:00 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN noted that Captain  Case's availability was limited.                                                               
He asked for questions from the committee.                                                                                      
                                                                                                                                
1:40:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL shared that he  was pleased by Captain Case's                                                               
report.   He  asked whether  the 56  percent decrease  in vehicle                                                               
thefts can be attributed to anything in particular.                                                                             
                                                                                                                                
1:40:32 PM                                                                                                                    
                                                                                                                                
CAPTAIN CASE answered  that there are multiple factors.   He said                                                               
increased  enforcement  and   investigation  contributed  to  the                                                               
decrease.    He  also  recognized  the  roles  of  the  Anchorage                                                               
District Attorney's Office and changes in legislation.                                                                          
                                                                                                                                
1:41:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  referred  to  Captain  Case's  point  about                                                               
social  workers  helping to  reduce  emergency  room trips.    He                                                               
considered  that many  individuals  responded to  by  APD do  not                                                               
require a police solution and would  be best served by some other                                                               
kind of  medical facility.   He  asked if  such a  facility would                                                               
"fill a bigger role in the future.                                                                                              
                                                                                                                                
1:42:16 PM                                                                                                                    
                                                                                                                                
CAPTAIN CASE  answered yes.  He  said this model can  be used not                                                               
only for  mental health issues  but drug  addiction as well.   He                                                               
clarified  that a  social worker's  services  and contacts  would                                                               
qualify under  the Section  1115 Medicaid  Expansion Waiver.   He                                                               
said  that  the  clinical  social  worker  model  would  also  be                                                               
effective and  accessible in rural  areas because contact  with a                                                               
social  worker can  occur over  a telephone.   He  said expanding                                                               
this model  "would help pay for  itself" by lowering the  cost of                                                               
service and  through reduced  usage of jails  and hospitals.   He                                                               
noted that  this model has  been effective  in other states.   He                                                               
opined that its expansion would work in Alaska.                                                                                 
                                                                                                                                
1:43:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  to what  sort of  calls the  social                                                               
worker responds.  She also asked  where an individual [for whom a                                                               
call has been made] would have been taken previously.                                                                           
                                                                                                                                
1:44:04 PM                                                                                                                    
                                                                                                                                
CAPTAIN CASE  said he  would give  an example  that occurs  on "a                                                               
very  regular basis."    He created  a  hypothetical scenario  in                                                               
which  a  sister   calls  the  police  because   her  brother  is                                                               
threatening suicide.   The  police talk to  the brother,  who has                                                               
been drinking  alcohol but  assures the police  that he  is fine.                                                               
The sister  is in tears because  she fears for her  brother.  She                                                               
wants  some   sort  of  intervention.     The  only  intervention                                                               
immediately available to her is a police officer.                                                                               
                                                                                                                                
CAPTAIN  CASE  noted that  an  individual  like the  hypothetical                                                               
brother  does not  meet the  welfare  requirements under  [Alaska                                                               
Statutes  Title 47].   He  clarified  that the  only actions  the                                                               
police can take in this scenario  are to arrest the individual if                                                               
he  has committed  a  crime  or to  admit  the  individual to  an                                                               
emergency room  on a  police officer committal.   He  opined that                                                               
these options  expend resources  that are  not necessary  for the                                                               
situation.                                                                                                                      
                                                                                                                                
CAPTAIN  CASE remarked  that a  social  worker in  the field  can                                                               
engage  with the  individual and  deal with  the immediate  acute                                                               
situation.   He added that  the individual  can be left  in place                                                               
rather  than  taken  away.    The  social  worker  then  provides                                                               
resources to  the individual and  follows up with  him/her later.                                                               
Captain Case  stated that this  is the  best quality of  care the                                                               
police can give  an individual in that situation,  and far better                                                               
than taking him/her to the emergency room.                                                                                      
                                                                                                                                
1:46:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SHAW  mused that a  new focus on  crime prevention                                                               
is  benefitting  the  entire  policing  program.    He  requested                                                               
details regarding the  release of Alaska Natives.   He also asked                                                               
if there  are "fewer  people in  jail for  the crimes  we stopped                                                               
incarcerating."                                                                                                                 
                                                                                                                                
1:47:11 PM                                                                                                                    
                                                                                                                                
CAPTAIN CASE  deferred to a  later testifier who might  be better                                                               
able to  answer that  question.   He expressed  concern regarding                                                               
any  minority population  and any  population that  is living  in                                                               
poverty.   He said  there have  been historical  disparities with                                                               
those  populations  within  the  criminal  justice  system.    He                                                               
stressed the importance of tailoring  the criminal justice system                                                               
to   meet  the   needs  of   the  population   because  different                                                               
individuals within  the system require  different responses.   He                                                               
shared that APD is moving in that direction.                                                                                    
                                                                                                                                
1:48:24 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN mentioned that  Representative Shaw's question would                                                               
be addressed in the next presentation.                                                                                          
                                                                                                                                
CHAIR  CLAMAN  asked  if  APD had  observed  any  other  criminal                                                               
offense category  that has dropped  like vehicle theft  since the                                                               
passage of Senate  Bill 54 [passed in the  Thirtieth Alaska State                                                               
Legislature].                                                                                                                   
                                                                                                                                
1:48:53 PM                                                                                                                    
                                                                                                                                
CAPTAIN  CASE   answered  no.     He   mentioned  that   APD  has                                                               
concentrated  resources  on  the  one specific  area  of  vehicle                                                               
theft.  He reported APD has not  seen a decline in any other area                                                               
like  that of  vehicle theft.   He  added APD  has not  dedicated                                                               
resources to any other area of crime prevention.                                                                                
                                                                                                                                
1:49:29 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN thanked Captain Case for his testimony.                                                                            
                                                                                                                                
1:50:06 PM                                                                                                                    
                                                                                                                                
SUSANNE  DIPIETRO, Executive  Director, Alaska  Judicial Council,                                                               
explained  that  the Alaska  Judicial  Council  (AJC) staffs  the                                                               
Alaska Criminal  Justice Commission  (ACJC).  She  introduced her                                                               
PowerPoint  presentation [hard  copy  included  in the  committee                                                               
packet]  as  an overview  of  the  reasons for  criminal  justice                                                               
reform and data tracking its progress.                                                                                          
                                                                                                                                
MS.  DIPIETRO addressed  slide 2,  titled  "Reasons for  Reform."                                                               
She explained  that the 2015  Criminal Justice  System Assessment                                                               
determined  that criminal  justice  reform was  necessary due  to                                                               
unsustainable prison  growth, the need to  reduce recidivism, and                                                               
the need for a fairer justice system.                                                                                           
                                                                                                                                
MS.  DIPIETRO highlighted  that  Alaska had  been nearing  prison                                                               
capacity in  2015.  She  added that Alaska's recidivism  rate was                                                               
around 66  percent in 2015.   She also pointed to  the unfairness                                                               
of pretrial detention being linked  to one's ability to pay bail,                                                               
as one's ability to pay is  unassociated with his/her risk to the                                                               
community.    She said  there  were  also well-documented  racial                                                               
disproportionalities  in  incarceration  and  pretrial  detention                                                               
rates.                                                                                                                          
                                                                                                                                
1:53:09 PM                                                                                                                    
                                                                                                                                
MS.  DIPIETRO addressed  slide  3, which  featured  a line  graph                                                               
demonstrating a 27 percent growth  in prison population from 2005                                                               
to 2014.                                                                                                                        
                                                                                                                                
MS.  DIPIETRO addressed  slide  4, which  featured  a line  graph                                                               
demonstrating a 60 percent increase  in corrections spending from                                                               
1995 to 2014.                                                                                                                   
                                                                                                                                
MS.  DIPIETRO addressed  slide 5,  titled "Reasons  for Reform  -                                                               
Poor  Public Safety  Outcomes."   She  explained  that the  slide                                                               
displayed the  results of  studies done  by AJC  on the  issue of                                                               
recidivism.    She  said  ACJC examined  the  data  and  realized                                                               
misdemeanants have  a higher  recidivism rate  than felons.   She                                                               
noted that felons have a high  recidivism rate as well.  She said                                                               
ACJC  also  found  that  recidivism  rates  were  "highest  among                                                               
youthful  offenders,  those with  length  or  more serious  prior                                                               
criminal histories, and Alaska Native  and Black offenders."  She                                                               
opined  that  this  reflected  a  poor return  on  the  State  of                                                               
Alaska's criminal justice dollar.                                                                                               
                                                                                                                                
1:54:39 PM                                                                                                                    
                                                                                                                                
MS.  DIPETRO addressed  slide  6, titled  "Reasons  for Reform  -                                                               
Pretrial Problems."   She detailed a 2015 ACJC  study of pretrial                                                               
defendants  that found  only half  the  individuals arrested  and                                                               
charged  were released  before their  cases were  disposed.   She                                                               
said the study also found that  37 percent of those released were                                                               
rearrested  during the  pretrial period.   She  cited a  2004 AJC                                                               
report  that  documented  racial  disparities  in  predisposition                                                               
incarceration.  She said the  findings indicated an Alaska Native                                                               
person was more likely to be detained pretrial.                                                                                 
                                                                                                                                
1:56:19 PM                                                                                                                    
                                                                                                                                
MS.  DIPIETRO addressed  slide 7,  titled "Reasons  for Reform                                                                  
Main  Takeaways."    She  reiterated  the  reasons  for  criminal                                                               
justice  reform:   Poor  return  on  investment, high  recidivism                                                               
rate, large  numbers of  defendants sitting  in jail  waiting for                                                               
their  cases to  be  concluded, and  high  rearrests among  those                                                               
released during the pretrial period.                                                                                            
                                                                                                                                
MS.  DIPIETRO said  over half  of  inmates in  2014 were  serving                                                               
sentences  for   nonviolent  crimes.    Many,   she  added,  were                                                               
supervision violators.  She defined  "supervision violator" as an                                                               
individual who  has been  reincarcerated for  breaking a  rule of                                                               
his/her  probation.    She  noted  that  ACJC  found  supervision                                                               
practices  used by  probation  officers across  the  state to  be                                                               
inconsistent  in different  locations.   She cited  opportunities                                                               
for  improvement   regarding  probation  officer   practices  and                                                               
caseloads.                                                                                                                      
                                                                                                                                
1:58:00 PM                                                                                                                    
                                                                                                                                
MS. DIPIETRO moved  to slide 9, titled "Pretrial  Reforms - Risk-                                                               
Based  Decision Making."   She  addressed significant  changes to                                                               
the pretrial bail system.  She  said laws were changed to make it                                                               
easier for  a person  to be released  pretrial provided  that the                                                               
judge found  him/her not a risk  to the community and  that there                                                               
was not a risk he/she would fail to appear for a hearing.                                                                       
                                                                                                                                
MS.   DIPIETRO  addressed   the   creation   of  DOC's   Pretrial                                                               
Enforcement  Division   (PED).     She  said  the   division  has                                                               
correctional  officers  across the  state  who  are available  to                                                               
supervise  people on  release.   She  said if  a  judge wants  to                                                               
release a  person pretrial  but thinks  the person  would benefit                                                               
from oversight,  the judge  can assign a  PED officer  to oversee                                                               
the released person.                                                                                                            
                                                                                                                                
MS. DIPIETRO  said ACJC  is measuring  the ethnic  disparities in                                                               
pretrial  detention before  and  after  criminal justice  reform.                                                               
She noted that  multiple factors are in play  so causality cannot                                                               
be  determined, but  preliminary  results of  an  AJC study  show                                                               
decreased  disparities  in  pretrial  release  by  ethnicity  for                                                               
Alaska Natives.                                                                                                                 
                                                                                                                                
2:00:20 PM                                                                                                                    
                                                                                                                                
MS.  DIPIETRO  addressed slide  10,  titled  "Pretrial Reforms  -                                                               
Pretrial  Supervision."    She  said  about  half  the  arrestees                                                               
studied by  AJC in 2018 were  given a PED supervision  order by a                                                               
judge.   She  called the  provisional  results of  the AJC  study                                                               
encouraging  but advised  they  should not  be  treated as  final                                                               
results, as  pretrial reforms  only went  into effect  in January                                                               
2018.   She said she wanted  to share ACJC's early  confidence in                                                               
the provisional results because pretrial reforms are important.                                                                 
                                                                                                                                
MS.  DIPIETRO  addressed slide  11,  titled  "Pretrial Reforms                                                                  
Pretrial  Outcomes Being  Studied."   She informed  the committee                                                               
that the University  of Alaska Anchorage (UAA)  Justice Center is                                                               
under  contract   with  DOC  to  revalidate   the  pretrial  risk                                                               
assessment tool, which  was part of the  pretrial reform package.                                                               
She  defined the  tool  as an  actuarial  instrument designed  by                                                               
researchers specifically  for Alaska  to help judges  and lawyers                                                               
identify  the relative  risk level  of  arrestees considered  for                                                               
pretrial release.   She  noted that the  tool is  statistical and                                                               
requires examination  and revalidation after a  certain amount of                                                               
usage.  She  said a status update on this  process is expected in                                                               
early summer 2019.                                                                                                              
                                                                                                                                
2:03:07 PM                                                                                                                    
                                                                                                                                
MS.  DIPIETRO moved  to slide  13,  titled "Sentencing  Reforms."                                                               
She  said  ACJC  had  recommended prioritizing  prison  beds  for                                                               
serious  and  violent offenders.    She  said studies  show  that                                                               
longer  stays in  prisons  do not  produce  better outcomes  than                                                               
shorter stays.   She explained that low-risk  offenders who serve                                                               
long sentences  are more  likely to reoffend  upon release.   She                                                               
added that custodial  sanctions do not give  better outcomes than                                                               
noncustodial  sanctions, which  means that  probation supervision                                                               
can  be  more helpful  for  an  individual's rehabilitation  than                                                               
incarceration.   She said it is  better to focus prison  beds not                                                               
on people "who we're mad at" but on those "who we're afraid of."                                                                
                                                                                                                                
2:04:48 PM                                                                                                                    
                                                                                                                                
MS. DIPIETRO  addressed slide 14,  titled "Violent  vs Nonviolent                                                               
prisoners."  The slide displayed  a bar graph measuring the ratio                                                               
of violent to nonviolent offenders  in the prison population from                                                               
fiscal  year 2015  (FY  15) to  FY  18.   Ms.  DiPietro said  the                                                               
percentage  of violent  offenders is  increasing compared  to the                                                               
nonviolent, which is to be expected.   She noted as well that the                                                               
total prison population has decreased during this time period.                                                                  
                                                                                                                                
MS.  DIPIETRO addressed  slide 15,  titled  "Admissions for  Drug                                                               
Crimes."   The slide displayed  a bar graph  measuring admissions                                                               
into DOC  from FY  15 to  FY 18 by  class of  drug-related crime.                                                               
She noted  that "simple  drug possession"  used to  be a  Class C                                                               
felony  but is  now  a misdemeanor.   She  said  this is  because                                                               
individuals  arrested for  drug possession  are better  addressed                                                               
with treatment  in the  community than  incarceration.   She said                                                               
that, as expected, the number  of people charged for drug-related                                                               
crime  with misdemeanors  has risen  while the  number of  people                                                               
charged with  Class C  felonies has fallen.   She  clarified that                                                               
those charged  with misdemeanors are drug  possessors while those                                                               
charged with felonies are dealers.                                                                                              
                                                                                                                                
2:06:36 PM                                                                                                                    
                                                                                                                                
MS. DIPIETRO addressed slide 16,  titled "Admissions."  The slide                                                               
featured a line graph measuring  quarterly violent and nonviolent                                                               
admissions to  DOC from FY  15 to FY  18.  The  graph highlighted                                                               
trends resulting  in the wake  of the  passage of Senate  Bill 91                                                               
[passed in the Twenty-Ninth Alaska  State Legislature] and Senate                                                               
Bill  54.   She  summarized that  prison  admissions for  violent                                                               
offenders have  remained steady  while admissions  for nonviolent                                                               
offenders  has risen  steadily since  Senate Bill  91 and  Senate                                                               
Bill 54.                                                                                                                        
                                                                                                                                
2:08:00 PM                                                                                                                    
                                                                                                                                
MS.  DIPIETRO moved  to slide  18, titled  "Supervision Reforms."                                                               
She  explained  that criminal  justice  reform  sought to  reduce                                                               
recidivism rates by  strengthening supervision and interventions.                                                               
She said  ACJC found that  most instances of  recidivism occurred                                                               
within the  first year  of release, many  within the  first three                                                               
months.   She said the  reform intended to  frontload supervision                                                               
resources for the period of  time immediately after release.  She                                                               
said  this  included  re-entry resources  as  well  as  increased                                                               
supervision  and assistance  from  officers.   She mentioned  new                                                               
tools available  to probation officers to  impose swift, certain,                                                               
and proportionate  sanctions as  well as rewards  and incentives.                                                               
She shared that ACJC studies  show rewards and incentives produce                                                               
better  results  for  individuals  on  probation  than  sanctions                                                               
alone.  She noted that  these individuals are accustomed to being                                                               
sanctioned so  being rewarded  and verbally  praised can  be very                                                               
powerful for them.                                                                                                              
                                                                                                                                
2:10:23 PM                                                                                                                    
                                                                                                                                
MS. DIPIETRO  addressed slide  19, titled  "Supervision Reforms."                                                               
She  described the  new system  of  administrative sanctions  and                                                               
rewards available  to probation officers  for use on  an informal                                                               
basis.   She said these  sanctions and rewards intend  to quickly                                                               
reward  positive behavior  and  correct negative  behavior.   She                                                               
explained that a probation officer  can seek to address recurring                                                               
poor  behavior  by  filing  a   petition  to  the  court  for  an                                                               
incarceration    sanction   that    results   in    a   three-day                                                               
incarceration.   Ms.  DiPietro described  the previous  system of                                                               
sanctions in  which a  probation officer  might wait  until minor                                                               
violations  stacked  up  before  reporting  them  to  the  court,                                                               
resulting in  "significant terms  of incarceration."   She opined                                                               
that  the previous  system  did not  respond  immediately to  bad                                                               
behavior and only levied big  sanctions.  She called the previous                                                               
system "not  the right way to  change a person's behavior."   She                                                               
asserted  that  the  new  sanctions are  designed  to  be  swift,                                                               
certain, and proportionate.                                                                                                     
                                                                                                                                
MS. DIPIETRO  described an  additional key  piece of  the reform,                                                               
Earned Compliance Credit (ECC),  a system through which compliant                                                               
probationers earn credit off the  length of their probation.  She                                                               
said DOC  had recently  reported that  half of  probationers have                                                               
availed  themselves of  ECC.   She  said the  goal of  ECC is  to                                                               
identify  low-risk,  compliant  probationers and  quickly  remove                                                               
them  from a  probation  officer's caseload.    This, she  added,                                                               
allows the  probation officer to  focus on medium-  and high-risk                                                               
probationers who require more attention.   She asserted that this                                                               
shift  in probation  officers' focus  was  what criminal  justice                                                               
reform  sought to  accomplish and  results indicate  the goal  is                                                               
being met.                                                                                                                      
                                                                                                                                
2:13:59 PM                                                                                                                    
                                                                                                                                
MS. DIPIETRO  addressed slide  20, titled  "Successful Discharges                                                               
from  Supervision."   The slide  featured a  bar graph  measuring                                                               
successful probation and  parole discharges from FY 14  to FY 18.                                                               
Ms.  DiPietro said  the percentage  of successful  discharges has                                                               
been increasing.                                                                                                                
                                                                                                                                
MS.  DIPIETRO addressed  slide 21,  titled  "Prison Population  &                                                               
Legal  Status of  Inmates."   The slide  featured two  pie graphs                                                               
comparing the inmate population from  April 1, 2015, and April 1,                                                               
2018.  Ms.  DiPietro said the percentage of  prison beds occupied                                                               
by supervision violators is shrinking.                                                                                          
                                                                                                                                
2:15:03 PM                                                                                                                    
                                                                                                                                
MS. DIPIETRO  addressed slide 22,  titled "Victim Reforms."   She                                                               
said  criminal  justice  reform included  a  requirement  that  a                                                               
prosecuting attorney,  at the victim's request,  must confer with                                                               
the  victim  of  a  felony  or  domestic  violence  crime  before                                                               
entering  into a  plea agreement  with the  offender.   She added                                                               
that a court,  at the time of sentencing, must  inform the victim                                                               
about the  sentence or  release of  the offender  as well  as the                                                               
potential for  release on  furlough, probation,  or parole.   She                                                               
said the Parole Board now  notifies victims more often and allows                                                               
them the opportunity  to provide input.  She  noted that criminal                                                               
justice  reform  also  including  clarification  about  enforcing                                                               
protective orders  from other jurisdictions.   Finally, she said,                                                               
probation officers must create  restitution payment schedules for                                                               
supervisees required  to compensate  victims.   She said  ACJC is                                                               
waiting on  data about  the restitution  payment schedules.   She                                                               
added that restitution  not only helps the victim  but can assist                                                               
in rehabilitating the offender.                                                                                                 
                                                                                                                                
2:16:36 PM                                                                                                                    
                                                                                                                                
MS. DIPIETRO moved  to slide 24, titled  "Long-Term Violent Crime                                                               
Rate Trend."   The slide featured a line  graph measuring violent                                                               
crime rates in Alaska from 1976  to 2017.  Ms. DiPietro clarified                                                               
that  "violent  crime"  includes   homicide,  rape,  robbery  and                                                               
aggravated assault.  She remarked  that, despite occasional rises                                                               
and dips,  the trendline over  the past four decades  indicates a                                                               
steady  increase in  violent crime  rates.   She  noted that  the                                                               
increase is driven by aggravated assaults.                                                                                      
                                                                                                                                
MS.  DIPIETRO addressed  slide 25,  titled "Long-Term  Rape Crime                                                               
Rate."   The  slide featured  a line  graph measuring  rape crime                                                               
rates in Alaska  from 1976 to 2017.  Ms.  DiPietro clarified that                                                               
the  graph  measures rape  crime  using  the federal  definition,                                                               
noting that the  State of Alaska would call  these crimes "sexual                                                               
assault."   She remarked that the  trend line for rape  in Alaska                                                               
has also  increased over the past  four decades.  She  said it is                                                               
difficult  to explain  various rises  and  dips over  time.   She                                                               
suggested they could be attributed to shifts in crime reporting.                                                                
                                                                                                                                
MS. DIPIETRO addressed a vertical  line on the graph between 2013                                                               
and 2014.   She  explained that the  line represents  the federal                                                               
government's revision of  the definition of rape to  make it more                                                               
inclusive.    She said  the  State  of  Alaska also  revised  its                                                               
definition.   She  said the  steep  increase shown  in the  graph                                                               
after that point is most likely a result of that revision.                                                                      
                                                                                                                                
2:18:45 PM                                                                                                                    
                                                                                                                                
MS.  DIPIETRO  addressed  slide 26,  titled  "Long-Term  Property                                                               
Crime Rate  Trend."   The slide featured  a line  graph measuring                                                               
property crime rates  in Alaska from 1976 to 2017.   Ms. DiPietro                                                               
clarified  that  "property  crime"  included  burglary,  larceny-                                                               
theft, and  motor vehicle theft.   She said property  crime rates                                                               
have been decreasing.  She said the all-time low was in 2011.                                                                   
                                                                                                                                
MS. DIPIETRO addressed slide 27,  titled "Alaska Criminal Justice                                                               
Commission."   The slide  featured a list  of current  and former                                                               
members of  ACJC.   Ms. DiPietro praised  ACJC members  for their                                                               
hard work.                                                                                                                      
                                                                                                                                
2:19:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP thanked  Ms. DiPietro  for her  presentation                                                               
and for the  work done by ACJC.   He cited the  increased rate of                                                               
successful  release   from  supervision,  noting  a   23  percent                                                               
improvement from FY 16  to FY 17.  He asked  to what Ms. DiPietro                                                               
attributes that success.                                                                                                        
                                                                                                                                
2:20:24 PM                                                                                                                    
                                                                                                                                
MS. DIPIETRO said  she could not say for sure  but suggested that                                                               
ECC is  a key component.   She also credited the  revamped system                                                               
of sanctions  and incentives.   She said probation  officers will                                                               
soon become more comfortable and effective using those tools.                                                                   
                                                                                                                                
REPRESENTATIVE  KOPP  referenced  Ms.  DiPietro's  discussion  of                                                               
PED's effectiveness  based on  provisional results  of data.   He                                                               
asked if  the full data    not just provisional results    should                                                               
be expected sometime in summer 2019.                                                                                            
                                                                                                                                
MS. DIPIETRO answered yes.                                                                                                      
                                                                                                                                
2:21:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES asked for more  detail on the pretrial risk                                                               
assessment tool.                                                                                                                
                                                                                                                                
MS. DIPIETRO  compared the pretrial  risk assessment tool  to the                                                               
methodology  used by  a  car insurance  company  to determine  an                                                               
applicant's  policy cost.   She  said the  car insurance  company                                                               
attempts  to predict  the  applicant's risk  of  getting into  an                                                               
accident.  She  noted that an actuarial  pretrial risk assessment                                                               
tool  takes   into  account   research-based  factors   that  are                                                               
predictive  of pretrial  failure.   The information  generated by                                                               
the tool is given to  the judge, prosecutor, and defense attorney                                                               
for use during discussion about bail.                                                                                           
                                                                                                                                
2:23:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES asked  if other states use  a pretrial risk                                                               
assessment tool.                                                                                                                
                                                                                                                                
MS.  DIPIETRO answered  yes.   She noted  that no  one else  uses                                                               
Alaska's  pretrial  risk  assessment  tool as  it  was  developed                                                               
specifically for  Alaska.   She said  Washington, D.C.,  has used                                                               
its own tools for decades.  She  said there are a number of other                                                               
municipal and  state systems  that use them.   She  said research                                                               
has  shown combining  the professional  judgement of  those in  a                                                               
courtroom with  the tool  provides a  better, more  accurate risk                                                               
assessment than without.                                                                                                        
                                                                                                                                
2:25:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN   referenced  prison   population   data                                                               
presented on slide  7.  He asked how ACJC  classified inmates who                                                               
were convicted of multiple offenses.                                                                                            
                                                                                                                                
MS. DIPIETRO  answered that ACJC analysts  classified each inmate                                                               
by the  most serious charge  for which  he or she  was convicted.                                                               
She referenced a rubric for  determining the relative seriousness                                                               
of crimes.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   EASTMAN  noted   that  ACJC's   recidivism  data                                                               
measured rates  over a  three-year timespan.   He asked  what the                                                               
change  would be  if the  rates  were measured  over a  five-year                                                               
span.                                                                                                                           
                                                                                                                                
MS. DIPIETRO answered  that the three-year span  is the standard.                                                               
She said she did  not know off the top of her  head what the rate                                                               
would be.  She noted that  recidivism rates tend to increase with                                                               
additional years  added to the  timespan, although they  drop off                                                               
after "five or six or seven years.                                                                                              
                                                                                                                                
2:27:14 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  noted that  the  Department  of Corrections  would                                                               
bring  its recidivism  data before  the committee  in the  coming                                                               
weeks.                                                                                                                          
                                                                                                                                
2:27:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  if  the  pretrial risk  assessment                                                               
tool takes into consideration the charged crime.                                                                                
                                                                                                                                
MS.   DIPIETRO  said   she  could   not   answer  that   question                                                               
definitively.    She  said  multiple  factors  were  measured  to                                                               
determine  what was  most predictive  of pretrial  failure.   She                                                               
said charged crime was determined  to not be predictive enough to                                                               
include in  the tool.   She said, "You  have to take  the factors                                                               
that are the  most predictive, and that just did  not ... rise to                                                               
the top."   She remarked  that AJC  will likely look  at  current                                                               
charge  and  reassess its  potential as  a predictive  factor for                                                               
the purpose of the tool's revalidation.                                                                                         
                                                                                                                                
REPRESENTATIVE  EASTMAN  referenced   the  line  graph  measuring                                                               
violent and  nonviolent DOC  admissions beginning in  FY 15.   He                                                               
asked how  far back  that data  goes and when  in the  past there                                                               
were an equal number of violent admissions as there is today.                                                                   
                                                                                                                                
MS. DIPIETRO said she could not  answer that at present but would                                                               
get back to the committee with that information.                                                                                
                                                                                                                                
2:30:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  paraphrased  from slide  19:  "Rewarding                                                               
probationers who  comply with their  conditions by  allowing them                                                               
the extra  30-day credit."   He asked  what consequences  were in                                                               
place for  noncompliant probationers.   He also asked  what other                                                               
rewards are at probation officers' disposal.                                                                                    
                                                                                                                                
MS. DIPIETRO said  DOC's most frequent sanction is  arrest.  With                                                               
regard to incentives, Ms. DiPietro  stated that verbal praise has                                                               
proven to  be the most  effective reward.  She  listed additional                                                               
examples  of  incentives:  curfew  adjustment,  association  with                                                               
people  the  supervisee  was previously  forbidden  to  see,  and                                                               
decreased  frequency of  drug and  alcohol tests.   She  said the                                                               
idea  was to  incentize decreased  supervision if  the supervisee                                                               
can  establish a  pattern of  not violating.   She  remarked that                                                               
supervision  can   be  onerous,  and  probationers   are  "really                                                               
responding" to the new incentives.                                                                                              
                                                                                                                                
2:33:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SHAW  asked   if  PED  is  only   able  to  issue                                                               
recommendations, not mandates, to a judge.                                                                                      
                                                                                                                                
MS.  DIPIETRO  said a  PED  officer  makes recommendations  to  a                                                               
judge,   but   the   judge   does  not   have   to   take   those                                                               
recommendations.   She  added that  the results  of the  pretrial                                                               
risk assessment  tool come into  play when a judge  imposes money                                                               
bail, for example.   She said the judge works  with two variables                                                               
to  determine conditions  of release:    The type  of crime  with                                                               
which the  defendant is charged  and whether the  risk assessment                                                               
tool determines them  to be low, medium, or high  risk.  She said                                                               
judges  have  "a  laundry  list"   of  things     monetary  bail,                                                               
supervision by PED, requirement for  drug or alcohol tests - that                                                               
they require of the arrestee.                                                                                                   
                                                                                                                                
2:34:57 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  mentioned that Senate Bill  91 took away some  of a                                                               
judge's discretion.  He added that  House Bill 312 [passed in the                                                               
Thirtieth   Alaska   State   Legislature]  allowed   judges   the                                                               
discretion to reject the recommendation  and set bail as they see                                                               
fit.                                                                                                                            
                                                                                                                                
2:35:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  Ms.  DiPietro  to define  "pretrial                                                               
failure                                                                                                                         
                                                                                                                                
MS. DIPIETRO defined it as failure  to appear for a court hearing                                                               
or the violation  of one's conditions of release or  arrest for a                                                               
newly committed crime.                                                                                                          
                                                                                                                                
2:36:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX said  one  concern before  the passage  of                                                               
Senate Bill  91 was how many  people were in jail  simply because                                                               
they could  not make bail.   She  asked what percentage  of those                                                               
people turned out to be found not guilty.                                                                                       
                                                                                                                                
MS.  DIPIETRO asked  for clarification.   She  wanted to  know if                                                               
Representative  LeDoux  was  asking   about  dropped  charges  or                                                               
acquittals.                                                                                                                     
                                                                                                                                
REPRESENTATIVE LEDOUX  reframed her question.   She established a                                                               
hypothetical situation  in which  an individual, prior  to Senate                                                               
Bill 91, is unable  to make bail and sits in  jail pretrial.  The                                                               
individual is subsequently convicted or  submits a plea of guilty                                                               
or  no contest.   Representative  LeDoux asked  if the  time this                                                               
individual served in  jail pretrial would be  credited toward his                                                               
or her sentence.                                                                                                                
                                                                                                                                
2:37:40 PM                                                                                                                    
                                                                                                                                
MS.  DIPIETRO  answered  yes, pretrial  incarceration  time  gets                                                               
credited  against  the  sentence.   She  said  managing  pretrial                                                               
defendants is difficult for DOC.   She described the considerable                                                               
effort  that   goes  into  moving  pretrial   defendants  between                                                               
facilities  and ensuring  they are  present  for court  hearings.                                                               
Ms. DiPietro said it is  preferable to get these individuals into                                                               
a  sentence  status so  they  can  be  managed better  and  given                                                               
programming   such  as substance abuse treatment -  to the extent                                                               
that the programs are available and necessary.                                                                                  
                                                                                                                                
2:39:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  referenced  the chart  titled  "Admissions,                                                               
Violent and  Nonviolent" on slide  16.  He noted  that nonviolent                                                               
admissions were  going down from  FY 15 to  FY 17 and  have risen                                                               
after the implementations  of Senate Bill 91 and  Senate Bill 54.                                                               
He asked  if those  results are  contrary to  the goals  of those                                                               
pieces of legislation.                                                                                                          
                                                                                                                                
MS. DIPIETRO  answered that  is probably right.   She  noted that                                                               
the  graph measures  admissions which  means "people  coming in."                                                               
She  said people  could be  coming in,  serving short  terms, and                                                               
then  going out  and coming  in again.   She  said this  scenario                                                               
means increased admissions but fewer DOC beds occupied.                                                                         
                                                                                                                                
2:40:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  asked  Ms.   DiPietro  to  clarify  whether                                                               
"admissions" includes pretrial.                                                                                                 
                                                                                                                                
MS. DIPIETRO said "admissions" encompasses all bookings.                                                                        
                                                                                                                                
CHAIR CLAMAN  clarified that admissions do  not include citations                                                               
or detainment not resulting in a trip to jail.                                                                                  
                                                                                                                                
MS. DIPIETRO said  she believes the data in the  graph covers all                                                               
admissions including pretrial admissions.                                                                                       
                                                                                                                                
2:41:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL asked  if the  66 percent  recidivism figure                                                               
included violations of  conditions of parole.  He  asked if there                                                               
have  been efforts  to reduce  the number  of people  who violate                                                               
their parole.                                                                                                                   
                                                                                                                                
2:42:42 PM                                                                                                                    
                                                                                                                                
MS. DIPIETRO  posited that Representative  Wool was  referring to                                                               
probation violators rather  than parole violators.   She said she                                                               
did not  recall any change to  the conditions imposed by  a judge                                                               
at sentencing.  She clarified  that judges impose only conditions                                                               
they  believe will  further the  rehabilitation of  the convicted                                                               
person.                                                                                                                         
                                                                                                                                
2:43:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  commented  that individuals  who  negotiate                                                               
plea  bargains  in order  to  avoid  a  trial sometimes  find  it                                                               
difficult  to adhere  to the  conditions  of the  agreement.   He                                                               
expressed regret that ACJC has not  been able to effect change on                                                               
that matter.                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  assessed the  data that  indicated decreased                                                               
rates of property  crime and increased rates of  violent crime in                                                               
Alaska.  He asked if violent  crime rates are down nationally and                                                               
Alaska is going against that trend.                                                                                             
                                                                                                                                
2:44:54 PM                                                                                                                    
                                                                                                                                
MS. DIPIETRO said  the big trend nationally is that  all crime is                                                               
down.    She  confirmed  that  Alaska's  violent  crime  rate  is                                                               
trending in the opposite direction of national trends.                                                                          
                                                                                                                                
2:45:32 PM                                                                                                                    
                                                                                                                                
QUINLAN  STEINER,   Director,  Alaska  Public   Defender  Agency,                                                               
introduced himself  as a member of  ACJC from its inception.   He                                                               
explained he  was asked to  present on what public  defenders and                                                               
defense  attorneys   have  seen  during  the   implementation  of                                                               
criminal justice reform.   He said he has canvassed  the state to                                                               
get "a picture of what's going on."                                                                                             
                                                                                                                                
MR.  STEINER addressed  the  topic  of bail.    He said  pretrial                                                               
defendants are  getting out of  jail at  larger rates.   He added                                                               
that these individuals are  succeeding"  because of a combination                                                               
of their  release and  PED involvement.   He  said there  is data                                                               
suggesting and indicating that assessment.                                                                                      
                                                                                                                                
MR.  STEINER addressed  the topic  of  "catch and  release."   He                                                               
reported that  rearrest numbers have  remained consistent  in the                                                               
time periods before  and after criminal justice reform.   He said                                                               
he found it compelling that  clients are being released at higher                                                               
rates but incidents of rearrest  are not increasing.  He proposed                                                               
that  this may  indicate the  rearrest rate  is declining,  or at                                                               
least that release  decisions are not leading to  a high rearrest                                                               
rate that "people have been concerned about."                                                                                   
                                                                                                                                
2:47:47 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  notified  the  committee  that  the  research  Mr.                                                               
Steiner  was  referencing would  be  part  of a  presentation  on                                                               
Friday, March 8.                                                                                                                
                                                                                                                                
2:47:56 PM                                                                                                                    
                                                                                                                                
MR. STEINER said there in  data indicating that "[re-]arrests for                                                               
new criminal offenses  may be declining," though  he stressed the                                                               
promising data is  incomplete.  He said this  data reflects other                                                               
anecdotal reports.                                                                                                              
                                                                                                                                
MR. STEINER expressed concern that  defendants who remain in jail                                                               
prior to sentencing  end up with longer sentences  than those who                                                               
are released  pretrial.  He  suggested that  released individuals                                                               
are granted  an opportunity to  be successful in the  interim and                                                               
to present  that success to  the judge  prior to sentencing.   He                                                               
remarked that this scenario is tied to success and recidivism.                                                                  
                                                                                                                                
MR. STEINER  said there has  been a  radical shift in  how parole                                                               
and  probation   officers  collaborate  with  supervisees.     He                                                               
described  how, when  a supervisee  enters violation  status, the                                                               
focus turns  to problem-solving  and collaboration.   He credited                                                               
ECC  and  administrative sanctions  and  rewards.   He  said  the                                                               
process  of sanctions  and rewards  establishes a  definable goal                                                               
that is short, measurable, and  guaranteed.  He said lawyers have                                                               
reported  that   this  system  inspires   their  clients   to  be                                                               
compliant.   He  added that  the short-term  nature of  sanctions                                                               
requires very  little litigation.   He referenced  Ms. DiPietro's                                                               
description  of  the previous  system  in  which violations  were                                                               
collected and then filed together  in a single petition resulting                                                               
in substantial  penalties.  He  said the  new system is  built on                                                               
immediate responses  to both positive  and negative conduct.   He                                                               
reiterated that the new system is showing success.                                                                              
                                                                                                                                
2:51:22 PM                                                                                                                    
                                                                                                                                
MR. STEINER  said improvements in  recidivism rates are  the most                                                               
encouraging  data.     He  noted   that  recidivism   rates  were                                                               
decreasing prior  to reform, but  they continue to decrease.   He                                                               
explained  that recidivism  data is  measured in  three-year time                                                               
periods  and  the  most recent  release  cohort  analysis  covers                                                               
individuals released in 2015, so  the years measured include ones                                                               
after  criminal justice  reform.   He restated  that one  goal of                                                               
reform was  to reduce recidivism  rates and it appears  that goal                                                               
is being accomplished.                                                                                                          
                                                                                                                                
MR.  STEINER said  there  are challenges  with  the way  criminal                                                               
justice  reform  has  been  implemented,   but  it  has  elicited                                                               
positive responses and indicators.                                                                                              
                                                                                                                                
2:52:48 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked about the  system of sanctions  for technical                                                               
violations.   He noted that these  come with jail term  limits of                                                               
three, five,  and ten  days.   He asked  how those  sanctions are                                                               
playing out  with petitions  to revoke probation.   He  asked how                                                               
this  compares  with  before  the   three-,  five-,  and  ten-day                                                               
sanctions.                                                                                                                      
                                                                                                                                
2:53:18 PM                                                                                                                    
                                                                                                                                
MR.  STEINER answered  that there  was more  litigation prior  to                                                               
reform because  there was  more at  stake.   He said  the current                                                               
penalties are  so short that  there is not  much of a  defense to                                                               
these technical  violations.  He  said the response  to something                                                               
like failure to  make an appointment or a  positive urinalysis is                                                               
short-term  admission  and   then  collaboration  toward  "moving                                                               
forward."  He  emphasized that the focus is not  on the violation                                                               
that  has occurred  but rather  working toward  preventing future                                                               
violations.   He  noted that  by the  fourth sanction  it becomes                                                               
clear that  an individual  may be unable  to be  successful under                                                               
the system.                                                                                                                     
                                                                                                                                
2:54:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked  if it can be  determined that Senate                                                               
Bill  91  contributed  to  a decline  in  recidivism  given  that                                                               
recidivism rates were already in decline before its passage.                                                                    
                                                                                                                                
2:54:57 PM                                                                                                                    
                                                                                                                                
MR. STEINER  answered that it is  difficult to say.   He said one                                                               
cannot draw  concrete conclusions using  present data.   He added                                                               
that causation is difficult to establish,  and all one can see is                                                               
correlation.   He said the important  trend to watch is  the rate                                                               
of decline.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LEDOUX concluded  that one  cannot attribute  the                                                               
decline in recidivism rates to Senate Bill 91.                                                                                  
                                                                                                                                
MR. STEINER said not at this time.                                                                                              
                                                                                                                                
2:55:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked Mr.  Steiner  to  clarify what  he                                                               
meant by pretrial defendants experiencing "success."                                                                            
                                                                                                                                
MR. STEINER said  he meant defendants are being  released and not                                                               
getting rearrested,  they may  be progressing  in a  treatment or                                                               
rehabilitative program, and they  may be obtaining or maintaining                                                               
employment.  He  added that released clients stay  in their homes                                                               
and maintain contact  with their families.  Mr.  Steiner said one                                                               
major  concern about  pretrial incarceration  is that  defendants                                                               
often  lose their  jobs,  which triggers  a  cascading effect  of                                                               
potential loss  of housing and  separation from family.   He said                                                               
maintaining those  contacts and  that network is  associated with                                                               
increased success.                                                                                                              
                                                                                                                                
2:57:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  said he  appreciated  that  answer.   He                                                               
reflected on  the crime data  presented earlier by  Ms. DiPietro.                                                               
He noted that  violent crime, property crime, and  rape rates are                                                               
up  in Alaska.   He  asked Mr.  Steiner how  he reconciles  lower                                                               
recidivism and increased defendant  success with increasing crime                                                               
rates and the public's perspective of that data.                                                                                
                                                                                                                                
MR.  STEINER answered  that the  crime rate  started to  trend up                                                               
years  before reform.   He  restated that  rearrest numbers  have                                                               
been unchanged  during that time  period.  He said  one plausible                                                               
and probable  explanation for the  increased crime rates  is that                                                               
new people    as opposed to recidivists    are committing crimes.                                                               
He  acknowledged  this does  not  address  the question  of  what                                                               
caused the  rates to increase in  the first place.   He suggested                                                               
that the cause  could be increased opioid  addiction layered onto                                                               
the existing problem of methamphetamines  and alcohol, as well as                                                               
issues regarding  individuals with  behavioral health needs.   [A                                                               
solution], he said, would require addressing all those issues.                                                                  
                                                                                                                                
2:59:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked if  Mr. Steiner could  determine if                                                               
new arrestees are  mostly from Alaska or if  they are individuals                                                               
from out  of state who have  elected to come to  Alaska to commit                                                               
crimes.                                                                                                                         
                                                                                                                                
MR. STEINER  said, "We don't track  that."  He added  that he has                                                               
not  heard anecdotal  stories  to  suggest it.    He said  public                                                               
defendants  are limited  in their  ability to  collect and  track                                                               
data about their clients.                                                                                                       
                                                                                                                                
3:00:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  asked about  data measuring  recent rearrest                                                               
rates for  pretrial defendants.   He asked for  confirmation that                                                               
the data will be released in June.                                                                                              
                                                                                                                                
MR. STEINER  said the [Alaska Justice  Information Center] (AJiC)                                                               
has  produced  rearrest  data  measuring  if  an  individual  was                                                               
rearrested within  seven days.   He  said rates  remain unchanged                                                               
from before  criminal justice  reform to the  present.   He noted                                                               
that AJiC extended  the time range for rearrests to  180 days and                                                               
still found no change in rearrest rates.                                                                                        
                                                                                                                                
MR.  STEINER  called it  encouraging  that  changes in  the  bail                                                               
system have not  resulted in increased rearrests,  even though it                                                               
appears more people  are being released.  He  said this indicates                                                               
that  reforms   and  the  pretrial   risk  assessment   tool  are                                                               
accomplishing   the   goal    of   permitting   greater   release                                                               
opportunities without  creating any enhanced public  safety risk.                                                               
He said the  deemphasis on monetary bail  has benefitted low-risk                                                               
individuals  unable to  afford bail.   He  said monetary  bail is                                                               
supposed to  take into  account the  defendant's ability  to pay,                                                               
but the previous system was not allowing for that.                                                                              
                                                                                                                                
3:03:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL asked  if individuals  who  "skip bail"  are                                                               
accounted for in the rearrest metric.                                                                                           
                                                                                                                                
MR. STEINER answered yes, it is  in the metric.  He said skipping                                                               
bail could be on the rise, but  noted the data is incomplete.  He                                                               
said the  rates and  reasons for skipping  bail are  being looked                                                               
at.                                                                                                                             
                                                                                                                                
3:05:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP referenced the  line graphs in Ms. DiPietro's                                                               
presentation.   He clarified the difference  between admissions -                                                               
actual arrests    and crime  rate, which accounts for  all crimes                                                               
reported.  He  said there are many examples  of police responding                                                               
to a  reported assault and  finding nobody there willing  to talk                                                               
when they arrive, so no arrest is made.                                                                                         
                                                                                                                                
REPRESENTATIVE KOPP  commented that  the important hard  data for                                                               
analyzing the criminal justice system  comes from the courts.  He                                                               
noted   that  Senate   Bill  54   increased  accountability   for                                                               
nonviolent offenses.   He said  this is  understandably reflected                                                               
in the nonviolent admissions graph.                                                                                             
                                                                                                                                
REPRESENTATIVE KOPP said  it is difficult to explain  why a crime                                                               
rate might have  gone up.  He referenced the  "scourge of opioid                                                                
that began  in 2015  and remarked  that it  was unrelated  to any                                                               
legislation.    He said  opioid-related  crime  will continue  to                                                               
produce a  surge of people  entering the criminal  justice system                                                               
regardless of criminal law reforms.                                                                                             
                                                                                                                                
3:07:33 PM                                                                                                                    
                                                                                                                                
MR. STEINER  agreed that it  is difficult to  determine causation                                                               
but there  does appear  to be  an increase in  opioid cases.   He                                                               
added  that  methamphetamine,   alcohol,  and  behavioral  health                                                               
problems never went away.                                                                                                       
                                                                                                                                
3:08:04 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN closed invited testimony.                                                                                          
                                                                                                                                
3:08:40 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:09 p.m.                                                                 
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
ACJC Presentation to House Judiciary Committee 3.6.19.pdf HJUD 3/6/2019 1:30:00 PM